Law Commons^™

Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance, Jona Goldschmidt

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolving role of judicial assistance to self-represented litigants (SRLs) in federal courts, arguing that while the Supreme Court has maintained a strict no-assistance policy, lower courts have increasingly recognized the need for accommodations to ensure fair trials. The author advocates for a more consistent and expansive approach to judicial assistance, aligning with due process and the constitutional right to self-representation, while emphasizing the importance of maintaining judicial impartiality.

Long Live The Death Penalty? One Progressive's State's Experience, Brendan Williams

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

“Hashing” In The Cloud: The Private Search Defense Is Active And Potent, Tri T. Truong

SMU Law Review

No abstract provided.

Whirling Hybrids: A Dichotomy Of Belonging, Rabeya Khatoon

Theses and Dissertations

Migration is a phenomenon wherein individuals relocate from one country to another, albeit temporarily or permanently, for numerous reasons. The State of Qatar is a highly diverse nation with a large population of foreign residents. According to Priya D’Souza, as of 2017, 60 percent of the resident population in Qatar are from South Asia. Growing up in this environment, third culture kids develop a unique, hybrid culture through experiencing multiple cultures. This research investigates a dichotomy of belonging from the perspective of South Asians in Qatar. A series of hybridized spinning tops were produced in collaboration with a South Asian …

Knowledge Of Practicing Physicians About Their Legal Obligations When Caring For Patients With Disability, Nicole Agaronnik, Elizabeth Pendo, Julie Ressalam, Eric G. Campbell, Lisa Iezzoni

All Faculty Scholarship

doi: 10.1377/hlthaff.2018.05060 HEALTH AFFAIRS 38, NO. 4 (2019): 545–553

Permitted Incentives For Workplace Wellness Plans Under The Ada And Gina: The Regulatory Gap, Elizabeth Pendo, Brandon Hall

All Faculty Scholarship

Although workplace wellness plans have been around for decades, they have flourished under the Patient Protection and Affordable Care Act (“PPACA”) into a $6 billion-dollar industry. Under PPACA, a “wellness plan” is a program of health promotion or disease prevention offered by an employer that is designed to promote health or prevent disease and which meets the other applicable requirements of that subsection. Employers look to these programs to promote healthy lifestyles, improve the overall health of employees and beneficiaries, and reduce rising healthcare costs. PPACA’s amendments to the Health Insurance Portability and Accountability Act (“HIPAA”) permit employers to offer …

Worker Participation, Sustainability, And The Puzzle Of The Volkswagen Emissions Scandal, Matthew T. Bodie

All Faculty Scholarship

In September 2015, Volkswagen's "clean diesel" technology was exposed as a sham. Not only were the company's vehicles discharging dangerously high levels of nitrogen oxide, but VW had intentionally rigged its emissions systems to cheat on environmental tests. In the wake of resignations and criminal investigations, the company's governance system came under justifiable attack. Were VW's famously worker-friendly governance policies to blame? This Chapter examines the root causes of the emissions scandal and concludes that VW's governance culture suffered from dictatorial leadership as well as a cozy relationship between management and labor leaders. This culture of complacency led to a …

Vi Et Armis: Londoners And Violent Trespass Before The Common Pleas In The Fifteenth Century, Lindsey Mcnellis

Graduate Theses, Dissertations, and Problem Reports (ETD)

Civil litigation in early fifteenth-century England encompassed a variety of actions, but only one writ covered acts of violence: trespass vi et armis. These writs, all before the central Court of Common Pleas, detail a variety of violent torts, or wrongs, such as housebreaking, theft, imprisonment, abduction, and assault. The Londoners who entered pleadings in this court between 1405 and 1415 have left a fascinating glimpse into both interpersonal violence and the world of savvy litigators. Through a close examination of eighty-two cases, I demonstrate that Londoners were knowledgeable litigants who used the Court of Common Pleas and its …

About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon

All Faculty Publications

and mental health courts, which proponents claim created a revolution in criminal justice. Defendants whose underlying crime is the result of a substance use disorder or a mental health disorder can choose to be diverted into a specialty court, where they receive treatment instead of punishment. Many of these individuals, however, do not just suffer from a substance use disorder or a mental health disorder; instead, many have a “cooccurring disorder.” Approximately 8.9 million American adults have co-occurring mental health and substance use disorders, and almost half of individuals who meet diagnostic criteria for one disorder will also meet criteria …

Teaching Legal Studies In Business Degrees: A Review Of A Method And Its Practice, Diane Kraal, Andrew Coleman

Australian Journal of Teacher Education

The legal studies teaching methodology IRAC (issue, rule, application, conclusion) is widely used in universities by both law and business schools. This paper examines the effectiveness of IRAC from a teaching perspective and its usefulness for business students. Data is generated from an Australian university case study using teacher interviews and a student survey. The findings suggest that, because of its flexibility and logical structure, the practice of IRAC has become normalised. However it is only effective if teachers disseminate these features consistently in their teaching. Students in the study understood the usefulness of IRAC for classwork, but encountered application …

Taxing Trades: Proposals To Keep Moneyball Out Of Tax Law, Cody Wilson

SMU Law Review

No abstract provided.

#Metoo At 35,000 Feet: Reducing The Risk Of In-Flight Sexual Assaults., Ryan Musser

Journal of Air Law and Commerce

According to the U.S. Federal Bureau of Investigation (FBI), reports of minors and women sexually assaulted on flights have risen dramatically in the last few years. It remains unclear whether this is the result of more assaults or an increase in victims’ courage to report as inspired by the #MeToo movement. In any case, America has been given notice of a truly horrifying problem and a lack of any real hope for victims. This Comment suggests that passenger safety can be improved by creating an Offender No-Fly List for those who have been convicted of inflight sexual assaults.

A flight’s …

Property Rules For Martian Resources: How The Space Act Of 2015 Increases The Likelihood Of A Single Entity Controlling Access To Mars, Tyler Conte

Journal of Air Law and Commerce

No abstract provided.

A Re-Examination Of Tarmac Delays Causes And Solutions, P. Paul Fitzgerald

Journal of Air Law and Commerce

No abstract provided.

Technologies Of Suspicion And The Ethics Of Obligation In Political Asylum, Bridget M. Haas, Amy Shuman

Ohio University Press Open Access Books

Across the globe, migration has been met with intensifying modes of criminalization and securitization, and claims for political asylum are increasingly met with suspicion. Asylum seekers have become the focus of global debates surrounding humanitarian obligations, on the one hand, and concerns surrounding national security and border control, on the other. In Technologies of Suspicion and the Ethics of Obligation in Political Asylum, contributors provide fine-tuned analyses of political asylum systems and the adjudication of asylum claims across a range of sociocultural and geopolitical contexts.

The contributors to this timely volume, drawing on a variety of theoretical perspectives, offer critical …

The End Of Miller's Time: How Sensitivity Can Categorize Third-Party Data After Carpenter, Michael Gentithes

Con Law Center Articles and Publications

For over 40 years, the Supreme Court has permitted government investigators to warrantlessly collect information that citizens disclose to third-party service providers. That third-party doctrine is under significant strain in the modern, networked world. Yet scholarly responses typically fall into unhelpfully extreme camps, either championing an absolute version of the doctrine or calling for its abolition. In Carpenter v. United States, the Court suggested a middle road, holding that some categories of data—such as digital location information collected from cell phones—do not neatly fall into the third-party doctrine’s dichotomy between unprotected, disclosed information and protected, undisclosed information. But the majority …

Leveling Down Gender Equality, Tracy Thomas

Con Law Center Articles and Publications

The U.S. Supreme Court recently revived its jurisprudence of “leveling down,” that is, curing an equal protection violation of gender discrimination by denying the requested benefit to all rather than extending the benefit to the excluded class. This article challenges the continuation of the conventional acceptance of leveling down as an equally legitimate remedial option for gender discrimination. Instead, it argues for the adoption of an alternative remedial calculus of a strong presumption of leveling up remedies, overcome only by limited equitable considerations. Such a presumption better effectuates the substantive right of gender equality, as well as the correlative due …

Equity: Notes On The American Reception, Samuel L. Bray

Book Chapters

From the Publisher

Chapter 2
How has equity been received in the United States? Two themes stand out. One is that of ‘nice adjustment’: the case-specific adjustment of legal rules to avoid the harsh results of applying rules to unforeseen circumstances. The second is the idea of judicial command: ordering the particular defendant in the circumstances to do equity without contradicting the common law. While the former has waned in the US, the latter has overly strengthened. The reasons of legal culture are discussed.

Self-Defence, Pernicious Doctrines, Peremptory Norms, Mary Ellen O'Connell

Book Chapters

From the Publisher

On 21 August 2015, British Prime Minister David Cameron authorised the killing with military force of a British national, twenty-one-year-old Reyaad Khan. Khan and two other men riding in a vehicle with him were blown to shreds by Hellfire missiles launched from a remotely piloted drone. The attack occurred in Syria, despite the fact that the United Kingdom Parliament had voted to restrict UK involvement in the Syrian Civil War. The Prime Minister declared the killings a lawful exercise of Britain’s ‘inherent right to self-defence’ against a ‘very real threat’. The British suspected Khan of recruiting individuals …

National And Transnational Constitutionalism, And The Protection Of Fundamental Human Rights, Paolo G. Carozza

Book Chapters

The chapter is part of the Proceedings of the 2019 Plenary Session
Nation, State, Nation-State
1-3 May 2019
V. Hösle (editor)
Acta 22, Vatican City, 2019

From the Author

In this paper I would like to explore the complicated and ambiguous relationship between the idea of universal human rights and the idea of a nation state with its own particular identity, history, and culture. I will do so from the disciplinary perspective of law, in particular comparative constitutional law and international human rights law, by examining the basis of claims of what I will call “national constitutionalism”, focusing on the …

Permitted Incentives For Workplace Wellness Plans Under The Ada And Gina: The Regulatory Gap, Elizabeth Pendo

Articles

Although workplace wellness plans have been around for decades, they have flourished under the Patient Protection and Affordable Care Act (“PPACA”) into a $6 billion-dollar industry. Under PPACA, a “wellness plan” is a program of health promotion or disease prevention offered by an employer that is designed to promote health or prevent disease and which meets the other applicable requirements of that subsection. Employers look to these programs to promote healthy lifestyles, improve the overall health of employees and beneficiaries, and reduce rising healthcare costs.

PPACA’s amendments to the Health Insurance Portability and Accountability Act (“HIPAA”) permit employers to offer …

Impact Of The Fastar Program On Civil Cases In The Superior Court In Pima County, Paula Hannaford-Agor

Faculty Publications

To address the shortcomings of compulsory arbitration, the Arizona Committee on Civil Justice Reform recommended implementation of a pilot program in which parties could opt for a "short trial" instead of compulsory arbitration. The Supreme Court of Arizona adopted the Committee's recommendation and approved experimental rules for the Fast Trial and Alternative Resolution (FASTAR) Program for a three-year period effective November 1, 2017. The pilot program was implemented in the Superior Court of Pima County. The National Center for State Courts collaborated with the Arizona Office of the Courts to assess the effectiveness of the program. The evaluation framework specifically …

Peace And Subjectivity, Louis E. Wolcher

Articles

So long as there is law there can be no universal human right to peace. This is because legalized violence, whether in threat or in deed, constitutes the very antithesis of peaceful relations from the point of view of those whom law represses. Law cannot define peace as the absence of all violence—and still less as the absence of all legalized suffering—without gainsaying justice, for as Pascal says, “Justice without might is helpless; might without justice is tyrannical.” Although legal outcomes, like falling boulders and pouncing lions, can always be imputed to historical causes, experience teaches that legal actors generally …

Regulating Bot Speech, Madeline Lamo, Ryan Calo

Articles

We live in a world of artificial speakers with real impact. So-called “bots” foment political strife, skew online discourse, and manipulate the marketplace. Concerns over bot speech have led prominent figures in the world of technology to call for regulations in response to the unique threats bots pose. Recently, legislators have begun to heed these calls, drafting laws that would require online bots to clearly indicate that they are not human.

This work is the first to consider how efforts to regulate bots might run afoul of the First Amendment. At first blush, requiring a bot to self-disclose raises little …

Woke Capital: The Role Of Corporations In Social Movements, Jennifer S. Fan

Articles

Iconic companies such as Apple, BlackRock, Delta, Google (now Alphabet), Lyft, Salesforce, and Starbucks, have recently taken very public stances on various social issues. In the past, corporations were largely silent in the face of them. Now the opposite is true—corporations play an increasingly visible role in social movements and there are times when corporations have led the discussion, particularly in areas where they have a self-interest or public opinion supports it. The enormous influence corporations wield on both the economic and social fabric of our society due to the legal framework and norms under which they operate make them …

Richmond Law Magazine: Winter 2019, University Of Richmond

Richmond Law Magazine

'If not you, who?'

A Common Cause

Mass Appeal

Richmond Law Magazine: Summer 2019, University Of Richmond

Richmond Law Magazine

A Toxic Relationship

Capt. Daniel vs. The President

Numbers Game

Winter 2019

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Editors in Chief: Emma Chapple, Joel Tichinoff

Graphic Design & Layout: Luke MacGillivray

Photography: Luke MacGillivray

Overcoming Institutional And Legal Barriers That Prevent Abused Females From Accessing Justice In Fragile Nigerian Regions, Valentina Okaru-Bisant

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Following The Fifth Circuit: Title Vii As The Sole Remedy For Employment Discrimination On The Basis Of Sex In Educational Institutions Receiving Federal Funds, Alicia Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.